Failure of Govt Hospitals to Provide Timely Treatment Violates Article 21, Rules Delhi HC; Orders Immediate Availability of Life-Saving Injections [Read Order]

New Delhi: The Delhi High Court has issued a significant directive ensuring the availability of proper medication for haemophilia patients in government hospitals, emphasizing the right to health as a fundamental right.

Justice Sachin Datta made crucial observations on the state’s responsibility to provide timely medical treatment to patients suffering from this rare bleeding disorder.

The court noted that in an earlier order dated January 9, 2025, in W.P.(C) 170/2025 filed by Sagar Sharma, it had directed Lok Nayak Hospital to provide the required injections to the petitioner and mandated the presence of a hematologist during the petitioner’s treatment. Additionally, the court also directed the hospital to ensure that recombinant factor injections are procured and administered to the petitioner.

However, while addressing two writ petitions—W.P.(C) 16449/2024, filed by Mukul Gandhi & Others, and W.P.(C) 170/2025, filed by Sagar Sharma—the court was apprised that, despite previous orders, recombinant factor injections were still unavailable for the petitioners and similarly situated haemophilia patients.

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Addressing the concerns raised by the petitioners, the court observed, “The petitioners/patients appearing in person today strenuously emphasized that administering plasma-based injections instead of ‘recombinant factor’ injections is causing considerable discomfort and making them susceptible to medical complications.”

The court highlighted the constitutional significance of the issue, stating, “The right to health has been judicially recognized as an integral part of the right to life under Article 21 of the Constitution of India.”

Emphasizing the seriousness of the condition, the court noted, “Haemophilia is a rare genetic bleeding disorder that requires immediate treatment to address blood cell deficiencies and ensure proper coagulation. The repercussions of delayed treatment are severe and can result in permanent disability or, in some cases, even death.”

Issuing a specific directive, the court concluded, “The failure of government hospitals to provide timely medical treatment to those in need constitutes a blatant violation of rights guaranteed under Article 21 of the Constitution of India.”

The court directed the Secretary, Health and Family Welfare, Government of NCT of Delhi, to examine the matter and take requisite steps to ensure adequate availability of ‘recombinant factor’ injections in government hospitals.

The case has been listed for further hearing on April 24, 2025.

In W.P.(C) 170/2025, filed by Sagar Sharma, the petitioner was represented by Advocates Ms. Meera Kaura Patel, Mr. Puru Pratap Singh, Ms. Ritika Saini, and Ms. Manika Pandey.

Mr. Sameer Vashisht appeared as the Standing Counsel for the Government of NCT of Delhi.

Case Title: Sagar Sharma vs. Health and Family Welfare Department & Ors.

[Read Order]